Children Act 1989

F1 44B Undertakings relating to emergency protection orders. E+W

(1) In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the relevant person.

(2) No power of arrest may be attached to any undertaking given under subsection (1).

(3) An undertaking given to a court under subsection (1)—

(a) shall be enforceable as if it were an order of the court, and

(b) shall cease to have effect if, while it is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.

(4) This section has effect without prejudice to the powers of the High Court and [F2 family court] apart from this section.

(5) In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A.

Textual Amendments

F1 Ss. 44A and 44B inserted (1.10.1997) by 1996 c. 27, ss. 52, Sch. 6 para. 3(with Sch 9 para. 5); S.I. 1997/1892, art.3

F2 Words in s. 44B(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 107; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)